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PEOPLE v. GERRY LIPATA Y ORTIZA

FACTS:

The appellant was found guilty of the crime of Murder and sentenced to reclusion perpetua. Various amounts of damages were ordered to be paid to the heirs of the victim. The Court of Appeals affirmed the decision of the trial court and dismissed the appellant's appeal. The appellant's claim of defense of a relative was rejected, as well as his contentions regarding lack of provocation, treachery, and abuse of superior strength. The appellant passed away before the final judgment. The Bureau of Corrections confirmed his death and found no record of his confinement. The Public Attorney's Office (PAO) was ordered to substitute the legal representatives of the deceased appellant as a party and comment on his civil liability. The PAO argued that the civil liability should be extinguished due to the appellant's death. The Court appointed the PAO as the legal representative of the estate of the deceased appellant for the purpose of representing the estate in the civil aspect of the case.

ISSUES:

  1. What is the effect of the death of the accused prior to the promulgation of the Court of Appeals' decision on his criminal liability?

  2. What is the effect of the death of the accused on his civil liability?

  3. Whether the heirs of the deceased appellant can pursue the civil liability ex quasi delicto after his death and before the promulgation of final judgment.

  4. Whether a separate civil action should be instituted by the heirs to pursue their claims against the estate of the deceased appellant.

  5. Whether the criminal and civil liabilities of the appellant can be extinguished by his death prior to final judgment.

RULING:

  1. The death of the accused prior to the promulgation of the Court of Appeals' decision extinguishes his criminal liability.

  2. The death of the accused extinguishes his civil liability arising from the delict, but the independent civil action may be continued against the estate or legal representative of the accused.

  3. The civil liability ex quasi delict of the deceased appellant can be pursued by the heirs even after his death and before the promulgation of final judgment, as his death extinguished both his criminal liability and civil liability ex delicto.

  4. According to the current Rules, the heirs of the deceased appellant must institute a separate civil action to pursue their claims against his estate. The independent civil action is not deemed instituted with the criminal action and can be filed separately by the offended party without reservation. The separate civil action proceeds independently of the criminal proceedings and requires only a preponderance of evidence.

  5. The criminal and civil liabilities ex delicto of the appellant are declared extinguished by his death prior to final judgment.

PRINCIPLES:

  • Appellant's death prior to the promulgation of the appellate court's decision extinguishes his criminal liability. However, if death occurs before final judgment, pecuniary penalties are only extinguished as to liability. (Article 89(1) of the Revised Penal Code)

  • The death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. The separate civil action may be pursued if it is predicated on a source of obligation other than delict. (People v. Bayotas)

  • The claim for civil liability survives even after the death of the accused if it can be predicated on a source of obligation other than delict. These sources of obligation include law, contracts, quasi-contracts, quasi-delicts, etc. (Article 1157 of the Civil Code)

  • In cases where the civil action is instituted together with the criminal action, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case. (Article 1155 of the Civil Code)

  • The death of the accused after arraignment and during the pendency of the criminal action extinguishes the civil liability arising from the delict. However, the independent civil action instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused. (Sec. 4, Rule 111 of the Revised Rules on Criminal Procedure)

  • The court may order the legal representative or representatives of the accused to appear and be substituted within 30 days from notice. (Sec. 4, Rule 111 of the Revised Rules on Criminal Procedure)

  • The civil liability ex delicto of an accused acquitted on the ground of reasonable doubt can still be pursued in a separate civil action, as provided under Article 29 of the Civil Code.

  • The civil responsibility and the criminal liability are separate and distinct from each other. The former is for the reparation of damages suffered by the aggrieved party, while the latter is for the punishment or correction of the offender.

  • The lack of a separate civil case for the cause of action arising from quasi-delict leads to the conclusion that the heirs cannot recover any amount awarded by the court.

  • The reform in procedure aims to provide aggrieved parties a speedy and inexpensive resolution of their claims in cases where an accused dies after conviction by the trial court but pending appeal. The Committee on the Revision of the Rules of Court is tasked with studying and recommending appropriate amendments to achieve this objective.

  • The death of the accused prior to final judgment results in the extinguishment of his criminal and civil liabilities.

  • The aggrieved parties have the right to relief and indemnity, but it is subject to the policy against double recovery.